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Patna High Court - Orders

Md. Rahim Khan & Anr vs State Of Bihar on 2 December, 2008

Author: Navin Sinha

Bench: Navin Sinha

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.47858 of 2008
                  1. MD. RAHIM KHAN
                  2. Amrun Nisha ..................................... Petitioners
                                           Versus
                                       STATE OF BIHAR
                                        -----------

2.   02.12.2008

Heard the learned Counsel for the petitioners and the learned counsel for the State as also the learned Counsel for the complainant..

Learned Counsel for the petitioners files a supplementary affidavit seeking leave to bring on record husband of the complainant as one of the petitioners supported by a vakalatnama.

This Court in the nature of the controversy, considers it prudent to allow the same. Let the name of the applicant in the supplementary affidavit, the husband namely Md Mumtaz Khan be added as petitioner no. 3 in the cause title.

Petitioners 1 and 2 are father and mother in-law apprehending arrest in a complaint case under Sections 498A and 379 of the Penal Code.

Learned Counsels for the parties are unanimous in their submission for exploring the possibility of revival of matrimonial harmony scattered in barely three months of the marriage.

In that view of the matter, let the petitioners 1 and 2, above named, surrender in the court below within a period of four weeks from today when they shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Araria in Complaint Case No. 3088 C of 2007.

Let petitioner no. 3 also surrender within the like period when he shall be enlarged on anticipatory bail for a period of six months only on his furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of CJM Araria in Complaint Case No. 3088 C of 2007.

On the date that he furnishes his bail bonds the court below shall call for the response of complainant including her personal appearance. If during this period of six months based on any subsequent developments and the attitude of the parties to be decided by the court below, petitioner no. 3 appears physically and surrenders himself to the jurisdiction of the court below any application for regular bail on his behalf shall be decided in accordance with law without being inhibited by the limited grant of anticipatory bail. Snkumar/-

(Navin Sinha,J.)